FMCSA Requests Feedback on Clearinghouse, BOC-3

FMCSA Notices Target Clearinghouse, BOC-3 Rules

The Federal Motor Carrier Safety Administration (FMCSA) will release two new notices tied to required data collections in the trucking industry. These actions are part of the agency’s ongoing work to maintain safety and registration rules.

One notice focuses on the Drug and Alcohol Clearinghouse. The other focuses on the designation of process agents, also known as Form BOC-3.

FMCSA Seeks Renewal of Drug and Alcohol Clearinghouse

FMCSA is asking for public comment on renewing its data collection for the CDL Drug and Alcohol Clearinghouse.

The Clearinghouse is a national database that tracks drug and alcohol violations for CDL and CLP holders. It was created under a final rule in 2016. It became fully active in January 2020.

The system was built to address a serious issue. Some drivers who failed drug or alcohol tests were still driving. In some cases, they had not completed the required return-to-duty (RTD) process.

FMCSA Clearinghouse: How It Works

The Clearinghouse stores key records tied to driver violations. These include:

• Positive drug and alcohol test results
• Refusals to take required tests
• Other violations of federal drug and alcohol rules

Employers and enforcement officials use this system. It helps them check if a driver is allowed to perform safety-sensitive work. This includes driving a commercial motor vehicle (CMV).

The system also follows drivers across jobs and state lines. This means a driver cannot hide a violation by switching companies or moving to a new state.

FMCSA Clearinghouse: Employer Responsibilities

Motor carriers must use the Clearinghouse as part of their daily operations. There are several key steps they must follow.

Employers must:

• Run pre-employment checks on new drivers
• Conduct annual checks on current drivers
• Report violations within set time limits

Some deadlines are short. Employers must report certain violations within three business days. Medical Review Officers (MROs) must report verified drug test results within two business days.

Enforcement officials also use this system. They can place drivers out of service if they have not completed the RTD process.

Clearinghouse Scope and Industry Impact

The Clearinghouse affects many parts of the trucking industry. These include:

• Motor carriers
• Drivers
• Medical Review Officers (MROs)
• Substance Abuse Professionals (SAPs)
• State driver licensing agencies

FMCSA estimates that about 9.8 million people and entities are part of this system. The total yearly burden is more than 1.65 million hours.

The agency is accepting public comments for 60 days after publication of the notice.

FMCSA Moves to Renew BOC-3 Agent Requirement

FMCSA’s second notice covers the designation of agents for motor carriers, brokers, and freight forwarders.

This rule requires companies to name someone who can receive legal papers on their behalf. These are known as process agents.

What Is Form BOC-3?

Form BOC-3 is used to list these process agents. It is required for:

• Motor carriers
• Property brokers
• Freight forwarders

Companies must file this form when they first register with the FMCSA. They must also update it as changes occur. This includes expanding into new states or changing agents.

Federal law requires companies to name an agent in each state where they operate or do business.

FMCSA BOC-3 Requirements and Estimated Impact

FMCSA provided updated estimates for this requirement.

• About 110,799 companies are affected
• Each filing takes about 10 minutes
• Total yearly burden is about 18,503 hours

The higher burden estimate reflects updated numbers. More companies are now included in the count.

The public has 30 days after publication to submit comments on this notice.

How This May Affect Truck Drivers

The Clearinghouse has a direct impact on truck drivers. A violation can prevent a driver from working. Drivers must complete the RTD process before they can return to duty. The system also keeps a record that follows the driver.

The BOC-3 rule affects the companies that hire drivers. Motor carriers must stay properly registered. They must also have legal agents in each state where they operate. If they fail to meet these rules, it could affect their ability to operate.

Both systems work together. One focuses on driver safety, while the other focuses on legal and business compliance.

FMCSA Requests Public Comment on Both Notices

FMCSA is asking for feedback on both notices.

The agency wants input on:

• Whether the data collection is needed
• If the burden estimates are accurate
• Ways to improve the process
• Ways to reduce workload

All comments will be reviewed before the agency seeks approval from the Office of Management and Budget (OMB).

Comment Submission Process

FMCSA will accept comments through several official channels. Comments must include the correct docket number for each notice. The docket number for the Clearinghouse notice is FMCSA-2026-0727. The docket number for the BOC-3 agent designation notice is FMCSA-2025-0457. Submissions can be made online at https://www.regulations.gov/ .

Comments can also be sent by mail, fax, or hand delivery to the U.S. Department of Transportation. FMCSA recommends including contact information with each comment in case follow-up is needed. All comments received will be posted publicly without changes, including any personal information provided.